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HomeMy WebLinkAbout8.2 Report on California Senate Bill 1383, Short-Lived Climate Pollutants RequirementsSTAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 8.2 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Report on California Senate Bill 1383, Short-Lived Climate Pollutants Requirements Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY: The City Council will receive a report on the requirements imposed on local agencies through the final rulemaking for California Senate Bill 1383, Short-Lived Climate Pollutants. Final rulemaking was issued in November 2020 and includes mandates for waste reduction and diversion, materials procurement, enforcement, and record keeping. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: The financial impact to the City of implementing California Senate Bill 1383 is expected to be significant. Staff is in the process of evaluating the requirement and costs; procurement alone is anticipated to cost the City at least $800,000 per year. The Alameda County Waste Reduction and Recycling Initiative (Measure D) levies a surcharge on waste landfilled in unincorporated Alameda County. Fifty percent of Recycling Fund revenues generated by the surcharge are disbursed to cities and sanitary districts in Alameda County that meet criteria contained in the law. These Measure D funds can help to offset the impact to the General Fund. Annually, the City receives approximately $200,000 in Measure D funds. If the programs required by California Senate Bill 1383 are effective, the quantity of waste being landfilled will decrease, which will decrease the tipping fees collected, and will reduce Measure D fund payments to the City. Other than the General Fund and Measure D, no other sources have been identified to fund Senate Bill 1383 implementation. DESCRIPTION: In September 2016, California Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383), was 255 Page 2 of 6 signed into law. SB 1383 establishes methane reductions targets to help the State of California meet its climate goals. Methane is a relatively short-lived climate pollutant that degrades in the atmosphere in approximately 12 years and is more than 80 times more potent a climate pollutant than carbon dioxide over a 25-year period. The goal of SB 1383 is to reduce methane emissions associated with landfills, dairies and livestock, and organic waste. Sending organic waste to landfills leads to anaerobic breakdown of material, which creates methane. Landfills are responsible for 21% of California’s methane emissions. Diverting organic waste to compost facilities can also reduce local air quality emissions and associated impacts. Targets included in SB 1383 to attain methane emissions reductions include requirements to achieve by 2025 a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level and a requirement that not less than 20% of currently disposed edible food is instead redirected from the landfill to food recovery organizations. The law grants the California Department of Resources Recycling and Recovery (CalRecycle) the regulatory authority to achieve the desired organic waste disposal reduction targets. The final rulemaking for SB 1383 implementation was issued by CalRecycle in November 2020. Table 1 below provides an overview of the major requirements, implementation timeline, and potential non-compliance fines. Details of the required programmatic elements are discussed below. Table 1. SB 1383 Major Requirements and Implementation Timeline Program/Activity Implementation Date Provide Organics Collection Service to All Residents and Businesses January 1, 2022 Establish Edible Food Recovery Program January 1, 2022 Procure Recycled Organic Products & Recycled Content Paper January 1, 2022 Keep Records & Report Implementation Efforts January 1, 2022 Enforce Compliance – Jurisdiction $50 to $500 per violation, depending on severity of violation. January 1, 2024 Enforce Compliance – CalRecycle $500 per violation up to $10,000 per violation per day January 1, 2024 Provide Organics Collection Service to All Residents and Businesses SB 1383 mandates that organics collection service is provided to all residents and businesses and that jurisdictions have enforceable mechanisms in place for their waste haulers, commercial and residential generators, and self-haulers, as applicable, to ensure compliance with organics collection. Provided collection containers must correspond with the prescribed labeling and color scheme. To facilitate compliance, jurisdictions must conduct education and outreach annually to all businesses and residents regarding collection service requirements, contamination standards, and overall SB 1383 compliance information. The City of Dublin is well-positioned to meet the organics collection service mandate in SB 1383. Staff have been working with the City’s franchised waste hauler, Amador Valley Industries (AVI) to implement Assembly Bill (AB) 1826, Mandatory Commercial Organics recycling, since 2016. As of 256 Page 3 of 6 September 15, 2020, all businesses that generate two or more cubic yards of total waste must subscribe to organics waste service. Staff has also been partnering with StopWaste and AVI to implement the Alameda County Waste Management Authority’s Mandatory Recycling Ordinance (MRO). To help prepare for SB 1383, on June 18, 2019 the City Council adopted Resolution 73-19 (Attachment 1) opting the City into the MRO which requires all multifamily properties of five or more units and all businesses to subscribe to recycling and organic waste collection service. Implementation of the MRO was delayed due to the Covid-19 pandemic, but StopWaste staff and consultants have been working with Dublin businesses and multifamily properties on MRO compliance since January 2020. The container element included in the sixth amendment to the franchise waste hauling contract adopted by City Council on June 16, 2020 (Attachment 2) includes costs to label and replace containers according to SB 1383 requirements. SB 1383 requires bins that are color coded as follows: Organics containers – green Recycle containers – blue Trash containers - gray Currently, AVI trash and organics containers are compliant with the SB 1383 color scheme, but recycling containers are non-compliant. Container labeling and adjustments to commercial bin colors will also be necessary. The compliance year for container color scheme and labeling is 2024. Establish Edible Food Recovery Program CalRecycle conducted a waste characterization study in 2014 which found that food waste comprised 18% of the organic waste disposed in landfills. The edible food recovery program is included in SB 1383 to reduce the amount of edible food that goes to landfills and redistribute the rescued food to populations in need. By 2022, each jurisdiction must establish an edible food recovery program for Tier 1 food generators. By 2024, the edible food recovery program must expand to include Tier 2 food generators. Tier 1 and Tier 2 food generators are shown in Table 2 below. Table 2. Tier 1 and Tier 2 Food Generators Tier 1 Food Generators – January 1, 2022 Tier 2 Food Generators – January 1, 2024 Supermarkets Restaurant with 250 or more seats, or total facility size ≥5,000 square feet Grocery stores with a total facility size equal to or greater than 10,000 square feet Hotel with on-site food facility and ≥ 200 rooms Food service provider Health facility with on-site food facility and ≥ 100 beds Food distributor A state agency with a cafeteria with ≥ 250 seats or a total cafeteria facility size ≥ 5,000 square feet Wholesale food vendor A local education agency with an on-site food facility 257 Page 4 of 6 Jurisdictions are required to ensure that food recovery organizations have enough capacity to accept the edible food. Assistance to expand existing infrastructure, as necessary, and inspection of Tier 1 and Tier 2 food generators to ensure compliance is required under this provision. In addition, education and outreach must be conducted annually to edible food generators regarding food donation requirements and available edible food recovery organizations. Procure Recycled Organic Products & Recycled Content Paper To create a market for the anticipated increase in recycled organic products that will be generated due to the diversion requirements in SB 1383, CalRecycle is requiring jurisdictions to procure recycled organic products equivalent to 0.08 tons per resident. In Dublin, that equates to a procurement requirement of over 5,000 tons of recycled organic products per year. Examples of recycled organic products include compost, mulch, renewable natural gas, or electricity from biomass. Most renewable natural gas currently available in California is locked up in existing contracts and very little electricity from biomass is procured by the City’s electric power provider, East Bay Community Energy. Therefore, it is anticipated that Dublin will be required to meet the bulk of its procurement mandate through compost and mulch purchases. In early 2021, StopWaste estimated that compost would cost up to $12/person, which would be approximately $800,000 annually for the City. SB 1383 also requires procurement of recycled content paper. The recycled content paper rules mandate that jurisdictions must require all businesses, from which it purchases paper products, to certify in writing the minimum percentage of post-consumer material in its paper products sold or offered to the jurisdiction. Staff is in the process of updating the City’s existing Environmental Preferable Purchasing Policy to address this procurement requirement. Keep Records & Report Implementation Efforts The record keeping and reporting requirements of SB 1383 are extensive and include, but are not limited to, the following: Organics collection service levels; Container monitoring and contaminant minimization programs; Waivers granted for organics service; Education and outreach programs; Procurement records; Edible food generator program outreach and monitoring; and Inspection and enforcement records. The implementation records must be kept in one central location and can either be electronic or physical. The records must be accessible to CalRecycle within 10business days and be retained for a minimum of five years. Enforce Compliance Jurisdictions are required to enforce the provisions of SB 1383, including issuing fines for non- compliance, which range from $50 to $500 per violation, depending on the severity of the violation. To have the legal authority to implement SB 1383 at the local level and issue fines, a jurisdiction must adopt an implementing ordinance prior to January 1, 2022. 258 Page 5 of 6 SB 1383 also gives CalRecycle the authority to enforce compliance on municipalities. Jurisdictions must demonstrate compliance with each prescriptive standard. A good faith effort does not have weight in the determination of compliance. If CalRecycle determines a jurisdiction is violating one or more of the requirements, the jurisdiction will have 90 days to correct the violation. If additional time is needed, the time frame may be extended to 180 days. If violations are due to issues outside the control of the jurisdiction and may take more time to correct, the jurisdiction can be placed on a Correction Action Plan which would allow 24 months to comply. Fines for non- compliance range from $500 per violation up to $10,000 per day. Dublin’s Implementation Planning Staff have been following the progress of SB 1383 since it was signed into legislation and adopted in 2016. Two comment letters, one dated March 4, 2019 and the other dated July 16, 2019, were submitted to CalRecycle during the lengthy rulemaking process. The letters generally support the intent of SB 1383 but pointed to the difficulty of meeting the procurement, reporting, and inspection requirements (Attachment 3). The City’s Climate Action Plan 2030 and Beyond (CAP 2030) included SB 1383 implementation as one of the high priority measures and a brief discussion of the new legislation was given to City Council in the CAP 2030 update on December 17, 2019 (Attachment 4). Since the final rulemaking in November 2020, StopWaste has been coordinating with Alameda County jurisdictions to facilitate implementation. StopWaste has agreed to coordinate the edible food recovery program efforts, develop a model ordinance, develop procurement implementation strategies, and help track residential and commercial organics service levels. Jurisdiction level work will also be required for all the programs that StopWaste is facilitating plus jurisdictions will need to perform inspection, monitoring, enforcement, data collection, and reporting. To help with the work required, the City recently issued a Request for Proposals for SB 1383 implementation assistance. Staff is finalizing the RFP process. An RFP was also issued for assistance with amending the City’s agreement with AVI due to SB 1383. When the AVI contract was approved by the City Council on June 16, 2020, the final rulemaking had not been issued by CalRecycle. In anticipation of the final rulemaking, place- holder language was included in the contract indicating that the contract would be reopened after the final rulemaking was issued. The RFP process is being finalized and Staff anticipates entering negotiations with AVI in mid-June to early-July 2021. Staff anticipates bringing both contracts to City Council for consideration prior to the end of this fiscal year. Conclusion SB 1383 provides a comprehensive mandate to reduce methane reductions from organic waste disposal in landfills by requiring an aggressive organics waste diversion requirement of 75% from the 2014 level by 2025. It also mandates an ambitious expansion of edible food recovery programs and that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. The programs required to implement SB 1383 will require a significant amount of Staff time to develop and oversee and will ramp up as the January 1, 2022 implementation timeline 259 Page 6 of 6 nears. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 73-19 Opt-In to the Alameda County Waste Management Authority Mandatory Recycling Ordinance Phase II 2) June 16, 2020 Staff Report - Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC (without attachments) 3) SB 1383 Dublin Comment Letters 4) December 17, 2019 Staff Report - Input on Climate Action Plan Update (without attachments) 260 RESOLUTION NO. 73 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN TO OPT-IN TO THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY MANDATORY RECYCLING ORDINANCE PHASE II WHEREAS, on January 25, 2012 the Alameda County Waste Management Authority ACWMA) adopted an Ordinance Requiring Actions to Reduce Landfilling of Recyclables and Organic Solid Waste from Businesses, Multi-family Residences, and Self-Haulers (hereinafter referred to as the "Mandatory Recycling Ordinance"); and WHEREAS, Section 12 Local Regulation and Opt-Out and Opt-In Provisions of the Mandatory Recycling Ordinance provides that the Alameda County cities had the option to opt-out of Phase I of the Ordinance by adoption of a City Resolution prior to March 2, 2012; and WHEREAS, on February 21, 2012, the City Council adopted Resolution 21-12 to opt-out of Phase I of the Mandatory Recycling Ordinance; and WHEREAS, Section 12 Local Regulation and Opt-Out and Opt-in Provisions of the Mandatory Recycling Ordinance provides that the Alameda County cities had the option to opt-out of Phase II of the Ordinance by adoption of a City Resolution prior to January 1, 2014; and WHEREAS, on December 17, 2013, the City Council adopted Resolution 206-13 to opt-out of Phase II of the Mandatory Recycling Ordinance; and WHEREAS, Phase II of the Mandatory Recycling Ordinance includes all recycling mandates required in Phase I with the addition of discarded food and compostable paper as Covered Materials and coverage of all businesses; and WHEREAS, the Mandatory Recycling Ordinance allows any Alameda County city that has opted-out of the Ordinance to opt-in by adopting a City resolution requesting to be included and having that request approved by the ACWMA; and WHEREAS, the City of Dublin has determined that it is in its best interest to opt-in to Phase II of the Mandatory Recycling Ordinance as part of its refuse and recycling services; and WHEREAS, the City of Dublin's current rate increase mechanism should be able to absorb the cost of increased service levels required under Phase II of the Mandatory Recycling Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby declare that the City desires to opt-in to Phase II of the Mandatory Recycling Ordinance and directs the City Manager or his designee to request of the ACWMA that: (1) the City of Dublin be included in the jurisdictions covered by the ordinance effective January 1, 2020, and (2) enforcement actions in the City of Dublin begin effective July 1, 2020. Reso 73-19, Adopted 6/18/2019, Item 7.1 Page 1 of 2 Attachment 1 261 PASSED, APPROVED AND ADOPTED this 18th day of June, 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: ayor 4 ATTEST: at,o s4 City Clerk Reso 73-19, Adopted 6/18/2019, Item 7.1 Page 2 of 2 262 Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: June 16, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC Prepared by: Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider approval of a Sixth Amendment to the Collection Service Agreement between the City of Dublin and Amador Valley Industries, LLC. The amendment will extend the term for 15 years, revise how the annual rate adjustments are calculated and create new programs to improve the local diversion rate. STAFF RECOMMENDATION: Adopt the Resolution Approving a Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC. FINANCIAL IMPACT: Incorporation of the terms of the amendment to the agreement will result in a 17.5% rate increase in the first year. The overall annual rate adjustment for Fiscal Year 2020-21 will be 21.83% after adjustments for increases to the Consumer Price Index and costs such as labor and waste disposal are factored into the final adjustment. DESCRIPTION: Background On December 6, 2004, the City Council approved a Collection Services Agreement with Amador Valley Industries, LLC (AVI) for the collection and disposal of solid waste in the City of Dublin. The original contract term was seven years, expiring June 30, 2012. 4.9 Packet Pg. 404 Attachment 2 263 Page 2 of 5 Since then, five amendments to the agreement have been executed to include, among other things, collection of recyclable materials produced by commercial units, provision of large item collection services, adjustments to the compensation model and franchise payments, and collection of an annual community benefit payment for small business assistance. On June 1, 2010, the City Council extended the term of the agreement for an additional eight years, terminating on June 30, 2020. The original agreement and first five amendments are included as Attachment 4. At the meeting of August 21, 2018, the City Council discussed a request by AVI to begin negotiations with the City to extend the agreement again in order to make necessary investments in new equipment over the next several years. The City Council dire cted Staff to bring back a review of the existing contract arrangement, along with a brief discussion of potential focus areas of contract negotiations. That item was brought back to the City Council on November 8, 2018, highlighting the main components th at would be included in a contract extension, including capital equipment replacement, operational cost increases, and incorporation of future local and state requirements. The City Council then directed Staff to proceed with negotiations on a contract ext ension. At the April 21, 2020, meeting Staff presented the terms of the final negotiation to solicit feedback in preparation for bringing the amended agreement to the City Council for approval in June of 2020. Sixth Amendment to the Agreement The City’s objective for the Sixth Amendment to the Collection Services Agreement (Amendment) was to continue to keep customer rates low while engaging in a long -term agreement that considers current and future challenges facing the refuse and recycling industry. This was accomplished by resetting AVI’s baseline compensation and creating a new rate model to calculate the annual rate adjustment. In addition, new and enhanced programs were added to help the City increase diversion rates. The New Rate Model As originally structured, the Agreement with AVI provided a lump sum revenue figure. The initial rates were established to generate that lump sum revenue. Thereafter, a procedure was established in which a revised compensation figure would be calculated annually, and the rates adjusted accordingly, to generate the calculated amount. While this approach did work for a time, it became problematic in that it assumes long -term predictability in how a hauler operates and disposes of material. However, over the past few years, recycling markets have become increasingly volatile and unpredictable, and the costs to dispose of certain materials have increased. For example, in 2017, local disposal sites stopped paying for recycling as the commodities market dwindled, leading AVI to absorbing large disposal costs with no offsetting revenue. This subsequently led to their request for an extraordinary rate adjustment, which was approved by the City Council in June 2019. In addition to market volatility, there have been state and lo cal legislative changes in recent years related to the handling of certain recyclable material and compostable waste, and programs that support diversion efforts. In short, locking AVI into a 15 -year contract that incorporates assumptions about uncontrollable and volatile factors would result in a rate increase more than double the amount that Staff and AVI are now 4.9 Packet Pg. 405264 Page 3 of 5 projecting with a new model. To factor in this new environment in which haulers operate, a new model approach was agreed to which is a hybrid of annual rate adjustments, component cost separation, and regular financial reviews. The important distinction with the hybrid model is that the cost elements in the service agreement are more separated rather than blended, and while the baseline amounts would continue to be adjusted annually, a third-party administrator would review costs and revenues every three years to confirm reasonableness and to ensure that an industry standard level of operating margin is being maintained by AVI. This type of contact is now becoming the predominate form used in the industry, due to the previously discussed issues. Setting a New Baseline Reviewing the baseline compensation involved Staff and AVI analyzing the actual costs of providing services and comparing the costs to the revenue generated by the rates for the last two years. Furthermore, Staff and AVI reviewed where cost increases were occurring and discussed why the rate model was not adequately generating the required revenue for those expenses. It became appare nt that over the course of the agreement, as previously mentioned, the environment in which haulers operate had evolved in ways not controllable by agencies. Therefore, it became important to create a rate structure that provided the City and AVI the flexibility to adapt to these changes. Next, Staff and AVI realigned expenses into the appropriate cost elements and, when appropriate, created new cost elements. Costs of capital equipment replacement, operational cost increases, additional program costs, and the incorporation of future local and state requirements were calculated and applied to the baseline compensation. It should be noted that the creation of new elements shifts costs that would have otherwise been factored into other elements. Original Cost Elements vs. Updated Cost Elements Original Cost Elements Updated Cost Elements Collection Element Collection Element Commercial Recycling Element Commercial Recycling Element Disposal Element Disposal Element Container Element Container Element Fee Element Fee Element (NEW) Recycling Disposal Element (NEW) Organics Disposal Element (NEW) Vehicle and Admin Asset Element The following is a brief summary of the new cost elements and programs included in the Amendment. New Cost Components 1. Recycling Disposal and Organics Disposal Elements - While the cost to dispose of recycling was included in the FY 2019-20 rates, it was not included as its own element but as part of an extraordinary rate adjustment. The Amendment will 4.9 Packet Pg. 406265 Page 4 of 5 take the same methodology used to calculate the extraordinary rate adjustment recycling costs and will include these costs as their own element along with organics disposal costs. Costs will be reviewed annually and adjusted using the rate paid by AVI, multiplied by the total tonnage from the prior calendar year. This proposed methodology will protect the Dublin rate payers should the recycling markets rebound and AVI is able to sell their goods once again. If this does occur, Dublin customers will receive a credit toward their rates. 2. Fleet/Asset Replacement Element - The largest single cost associated with the contract extension is the replacement of two-thirds of AVI’s fleet in the first year. The amounts contained in the Vehicle and Admin Asset Element are estimates. These costs will be tracked as a separate element and once the assets have been purchased the amount will be reconciled and adjusted. This element will not be adjusted annually as part of the annual rate adjustment. AVI will continue to utilize natural gas vehicles with their upcoming replacements, but the contract includes language relating to the future consideration of alternative fuel vehicles. After receiving feedback at the April 21, 2020 City Council meeting, Staff discussed the use of alternative fuel vehicles, such as bio-diesel, with AVI, but the research indicates that the natural gas vehicles currently being used are still the most cost effective and environmentally friendly vehicles available. Hybrid and electric vehicles were also thoroughly researched for the upcoming vehicle replacement cycle but both the City and AVI determined that, given the current technology and functional use of these vehicles, it does not yet make operational or economic sense to pursue them. New Programs The mandates being implemented by the County and the State include the requirement to improve the local diversion rate, or the amount of waste that is diverted from garbage landfills. The proposed Amendment with AVI will increase the minimum diversion requirement from the current 50% to 75% within five years. To help with this effort, the following new/expanded programs have been included: 1. Expanded Large Item Pick-Up - This will focus on outreach and assistance to Multi-Family Dwellings that may be underutilizing the service. 2. Quarterly Residential Textile Collection - Under this program, AVI will work with charities and local companies to recycle and re-use textiles. 3. Enclosure Clean-Up - This will focus on the cleaning of overflowing bins and working with customers to proactively address the issue. 4. Collection of Illegally Dumped Material in the City Right-A-Way - This will focus on the prompt identification and removal of material illegally dumped on City property. Attachment 3 presents a summary of all changes that were made as part of the Amendment. 4.9 Packet Pg. 407266 Page 5 of 5 Mandatory Recycling Ordinance (MRO) Update On June 19, 2019, the City Council approved opting into Alameda County Waste Management Authority’s MRO Phase II, which places requirements on businesses and multi-family property owners regarding the handling of certain recyclable material and compostable waste. Participation in the MRO gives City staff, Dublin businesses, and AVI time to expand waste diversion programs before additional state mandates are enacted. As the program continues to expand, additional AVI resources have become necessary, including another hauler and increased staff time. These costs have been incorporated into the Amendment. The costs associated with the MRO will be tracked separately and adjusted as necessary every three years. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC. 2. Exhibit A to the Resolution - Sixth Amendment to Collection Service Agreement 3. Summary of Changes 4. Original Agreement and Amendments 1 - 5 4.9 Packet Pg. 408267 March 4, 2019  Gwen Huff  Materials Management and Local Assistance Division  California Department of Resources Recycling and Recovery  P.O. Box 4025  Sacramento, CA 95812  Submission via email to SLCP.Organics@calrecycle.ca.gov  RE:  SB 1383 Proposed Regulation Released January 2019 – COMMENT  LETTER  Dear Ms. Huff:  Thank you for the opportunity to comment on the proposed regulations  released in January 2019 which seek to implement SB 1383 (Lara, 2016).   The  City  of  Dublin  generally  supports  the  goals  and  intent  of  SB  1383,  however we have concerns about how the regulations are proposed to be  implemented.  Over the course of many months, we have been working  collectively with StopWaste to address the impacts of the requirements on all  cities in Alameda County.  StopWaste has convened a taskforce to go over the  specifics of the proposed implementation to help mitigate the impacts on  cities.  With  years  of  experience  implementing  the  mandatory  recycling  ordinance and food waste prevention, and developing robust markets for  compost and mulch, StopWaste staff has provided input and feedback to  CalRecycle with the goal of creating implementable regulations that allow us  to achieve the ambitious organics diversion and food waste redu ction targets  set by SB 1383.  The City of Dublin supports the letter and comments provided  by  StopWaste  on  these  proposed  regulations.    In  addition,  we  would  specifically like to highlight the following key concerns:  Procurement:   New  procurement  requirements  in  these  proposed  regulations require local governments to purchase recovered organic waste  products in quantities based on population, not need.   These requirements  will result in substantial additional costs, over and above the costs already  anticipated to comply with the extensive programmatic requirements in the  proposed  regulations.  In  lieu  of  mandating  purchase  of  organic waste  products,  we  support  the  recommendation  from  StopWaste  to  require  municipalities  to  enforce  existing  Water  Efficient  Landscape  Ordinance  requirements which includes compost use in landscape construction.  We  believe  that  continuing  down  the  path  of  requiring  procurement would  represent an unfunded sate mandate under Cal. Const. Art. XIII B, sec. 6(a) as  the regulations would impose a new program on cities and neither the draft  regulations nor the Initial Statement of Reasons identifies a state funding  source.  Attachment 3 268   Reporting:  The amount of staff time and resources that would be required to document all the detailed  information required under these regulations would be a significant burden.  The time and effort required  to report would be better used educating and enforcing the generator and hauler requirements. In  addition, we strongly support the concept of a statewide platform for generators and food recovery  organizations to report directly to the state instead of placing the requirement on cities.    Inspections:  Annual inspections of all businesses will require a large increase in staff time. We strongly  support changing the requirement to periodic inspection rather than annual inspection.  We also strongly  support the concept that compliance can be assessed at the hauler serviced bins rather than requiring  compliance checks inside the facility.    The City of Dublin appreciates the inclusive stakeholder process CalRecycle has undertaken. We look  forward to continued opportunities to comment on specific proposals.       Sincerely,        Christopher L. Foss,  City Manager        cc.  Samantha Caygill, East Bay Division of League of California Cities (via email: scaygill@cacities.org)    League of California Cities (via email: cityletters@cacities.org)    269 July 16, 2019 Gwen Huff Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O. Box 4025 Sacramento, CA 95812 Submission via email to SLCP.Organics@calrecycle.ca.gov RE: SB 1383 Proposed Regulation Released June 2019 – COMMENT LETTER Dear Ms. Huff: Thank you for the opportunity to comment on the proposed regulations released in June 2019 which seek to implement SB 1383 (Lara, 2016). The City of Dublin generally supports the goals and intent of SB 1383, however we have concerns about how the regulations are proposed to be implemented. Over the course of many months, we have been working collectively with StopWaste to address the impacts of the requirements on all cities in Alameda County. StopWaste has convened a taskforce to go over the specifics of the proposed implementation to help mitigate the impacts on cities. With years of experience implementing the mandatory recycling ordinance and food waste prevention, and developing robust markets for compost and mulch, StopWaste staff has provided input and feedback to CalRecycle with the goal of creating implementable regulations that allow us to achieve the ambitious organics diversion and food waste reduction targets set by SB 1383. The City of Dublin supports the letter and comments provided by StopWaste on these proposed regulations. In addition, we would specifically like to highlight the following key concerns: Procurement: The City of Dublin strongly disagrees with procurement targets based on population because population is unrelated to the actual need for compost. The upward adjustment to procurement requirements in these proposed regulations for local governments results in substantial additional costs, over and above the costs already anticipated to comply with the extensive programmatic requirements in the proposed regulations. In lieu of mandating purchase of organic waste products, we support the recommendation from StopWaste to require municipalities to enforce existing Water Efficient Landscape Ordinance requirements which includes compost use in landscape construction. 270 Realistic enforcement: We recommend restoring the ability of cities to allow designees to issue waivers for de minimis quantities of organic waste. StopWaste currently issues waivers on behalf of the cities of Alameda County as part of implementation of its Mandatory Recycling Ordinance and the City of Dublin would prefer this more efficient method of reporting and enforcement . Flexibility in record keeping: For efficiency, we recommend that record-keeping requirements allow for portions of the implementation record to be held by designees such as StopWaste on behalf of regulated entities, given that the record is readily accessible by CalRecycle when requested. The City of Dublin appreciates the inclusive stakeholder process CalRecycle has undertaken. We look forward to continued opportunities to comment on specific proposals. Sincerely, Christopher L. Foss, City Manager cc. Wendy Sommer, Executive Director, StopWaste (via email: wsommer@stopwaste.org) Samantha Caygill, East Bay Division of League of Cities (via email: scaygill@cacities.org) League of California Cities (via email: cityletters@cacities.org) 271 Page 1 of 12 STAFF REPORT CITY COUNCIL DATE: December 17, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Input on Climate Action Plan Update Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will receive a report and consider implementation measures and goals for inclusion in an updated Climate Action Plan. Following the review and feedback, Staff will present a final updated Climate Action Plan early next year. STAFF RECOMMENDATION: Receive the report on the draft Climate Action Plan (CAP) update and provide direction on proposed implementation measures for inclusion in the CAP update. FINANCIAL IMPACT: There is no immediate impact to the General Fund from the Climate Action Plan (CAP) update. Staff intends to leverage partnerships and grant funding to minimize CAP update implementation costs on the General Fund. All measures with cost implications will be brought to the City Council for separate consideration and approval. DESCRIPTION: On November 16, 2010, the City Council approved Resolution 167-10 (Attachment 1) adopting the City of Dublin’s first Climate Action Plan (CAP) in response to Assembly Bill (AB) 32, the Global Warming Solutions Act, passed by the California legislature in 2006. AB 32 set a State-wide target to reduce greenhouse gas (GHG) emissions to 15% below 1990 levels by 2020. In 2013, Staff initiated an update to the 2010 CAP to meet California Environmental Quality Act (CEQA) and Bay Area Air Quality Management District standards for a Qualified GHG Reduction Plan/Strategy that development projects could follow to reduce the work involved in completing a CEQA analysis for an individual project. The City Council adopted Resolution 177-13 (Attachment 2) on October 15, 2013 approving the update to the CAP. Through implementation of the current CAP, the City of Dublin is on track to reach its 2020 GHG emissions reduction goals. Attachment 4 272 Page 2 of 12 In 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State’s commitment to GHG emissions reductions by tightening the target to 40 % below 1990 levels by 2030. In 2018, Governor Brown adopted Executive Order (EO) B -55-18 which set a Statewide goal of reaching carbon neutrality by no later than 2045. Carbon neutrality refers to achieving net zero carbon dioxide emissions by balancing carbon emissions with carbon removal (through carbon offsetting or carbon sequestration) or eliminating carbon dioxide emissions completely. The proposed measures presented in this report were developed to achieve GHG emissions reduction targets set by SB 32 and EO B-55-18. The California Air Resources Board currently recommends using a per-capita emissions metric to evaluate GHG emissions reductions and targets to avoid penalizing cities for growth. Staff assessed GHG emissions reductions using the recommended per-capita target. Figure 1 shows forecasted GHG emissions on a business-as-usual trajectory compared to reaching the goal set in EO B-55-18 of carbon neutrality by 2045. Interim reduction targets are also included in the graph. Figure 1. City of Dublin’s GHG Emissions Forecast. To address the gap between forecast and target GHG emissions, the draft CAP update outlines measures that focus predominately on the City of Dublin’s largest emission sources: buildings, transportation, and waste. Together these sources make up 99% of community emissions. The City of Dublin’s community wide GHG emissions were approximately 317,840 metric tons of carbon dioxide equivalents (MT CO2e) in 2015 as shown in Figure 2. This is the equivalent of 5.5 MT CO2e per capita and represents a three percent decrease from the previous inventory of 2010. This total accounts for direct emissions from combustion of fuels in vehicles as well as indirect emissions associated with electricity, solid waste, and water. Emissions from consumption of goods are not accounted for in the inventory due to the lack of consensus on proper 273 Page 3 of 12 assessment methodology. However, strategies to address emissions generated from the consumption of goods are included in the plan. Figure 2. City of Dublin 2015 GHG Emissions Inventory. The proposed community-wide measures are included in Table 1, and municipal measures are included in Table 2. Each of the measures falls under a certain theme, further described below. The theme of “Building Efficiency and Electrification” is important for establishing long- term benefits and savings by constructing new buildings having low GHG emissions. It is more cost effective to address electrification and building efficiency in new building construction rather than in existing building retrofits. The theme of “Renewable Energy” presents an opportunity for drastic GHG emissions reductions and resiliency potential in the event of a natural disaster or Public Safety Power Shutoff (PSPS) event. Transportation is the largest GHG emissions-producing segment of Dublin’s emissions inventory and is addressed under the “Sustainable Mobility and Land Use” theme. It is anticipated that rapid changes in the transportation sector will occur in the next 10 to 20 years and many of the draft measures can position the City of Dublin to maximize the GHG emissions reduction potential from those changes. Emissions from waste are addressed in the materials management measures with a focus on compliance with SB 1383 to remove organic waste from the landfill. The proposed measures can put the City of Dublin on the path to meet new GHG emissions reduction targets in 2030 and 2045. 274 Page 4 of 12 Table 1. Proposed CAP Community-Wide Implementation Measures. Theme: Building Efficiency & Electrification. Targets: Achieve an 8% reduction in projected natural gas use by 2025 and 21% reduction by 2030. Achieve 100% all-electric new construction by 2030. Proposed Policy Proposed Implementation Measure(s) Achieve all-electric new construction. Adopt a building reach code to disincentivize natural gas use in new buildings and incentivize all electric construction. Certain building types, such as fire, hospitals, and restaurants would be exempt as needed. Staff specifically proposes consideration of a building reach code requiring higher energy efficiency standards for dual-fuel (gas-electric) or minimum CalGreen energy efficiency requirements for electric only buildings. Reduce energy consumption in existing buildings. Implement State Building Energy Disclosure Program to ensure compliance with AB 802 (mandatory energy disclosure and benchmarking for large commercial and multi-family buildings) as well as voluntary residential disclosures. Develop a program for residents to facilitate building of all- electric buildings as easily as possible. Develop and distribute outreach materials on the benefits of home electrification and maintain an up-to-date repository of information on the City website. Encourage implementation of energy efficiency upgrades for existing homes and apartment buildings. Promote voluntary electrification by leveraging State and local incentives. Theme: Renewable Energy. Target: Achieve zero greenhouse gas emissions from the electricity sector by 2022. Proposed Policy Proposed Implementation Measure(s) Promote 100% clean electricity. By 2022, City Council to consider passing a Resolution to opt-up residential, community and other building classes to 100% carbon-free (Brilliant 100) or 100% renewable Renewable 100) energy with EBCE. Streamline battery storage permit requirements as required by AB 546. Develop Renewable Resource Buildout Plan for Dublin. Leverage State and local funding and partnerships to develop local community solar projects in Dublin (i.e. projects that could supply local solar to the grid and function as a microgrid in PSPS events or natural disasters). 275 Page 5 of 12 Theme: Sustainable Mobility and Land Use. Targets: Increase alternative fuel vehicle adoption to 12% of Dublin cars by 2025 and 33% by 2030; reduce vehicle miles traveled to 400,000 by 2030; construct 10 bike lane miles by 2030; achieve 500,000 miles traveled by bike, scooter, or autonomous shuttle by 2025 and 800,000 miles by 2030. Proposed Policy Proposed Implementation Measure(s) Increase community electric vehicle (EV) adoption. Adopt EV Charger Reach Code for Multifamily and Commercial Buildings. Develop an ordinance which requires all new commercial and multifamily buildings to include 25% of parking spaces be “EV Ready” (conduit and electrical panel capacity installed), with 3% parking required to have installed and operable Level 2 EV Charging stations. Please note that effective January 1, 2020, 10% of parking stalls at new commercial buildings and 20% of parking stalls at new multifamily buildings will be designed to accommodate the future installation of EV charging equipment. Develop an EV Infrastructure Plan for Dublin. Leverage State and regional incentives to encourage the installation of additional EV charging stations with a goal of 68 new publicly available charging stations (City or third party owned) by 2025 and 184 new charging stations by 2030. The EV charger goal was calculated by taking the number of EV’s needed to meet the 12% and 33% EV’s on the road goal which equates to 3,658 EV’s by 2025 and 9,911 EV’s by 2030. Per CEC and National Renewal Energy Lab numbers, one charger can service 27 cars. Promote alternative modes of transportation. Develop a Transportation Demand Management Plan. Develop a City parking management plan to reduce single occupancy vehicle transit. Reduce Parking Requirements in Transit Oriented Development. Work with BART and LAVTA on autonomous vehicle roll-out. Continue implementation of the City's Bicycle and Pedestrian Master Plan. Continue to prioritize transit-oriented development to reduce transportation emission and increase efficiency/amenities to the local area. Implement form-based building codes that encourage pedestrian access over vehicle access. Theme: Materials Management Targets: Organics will make up less than 9.35% of Dublin waste by 2025; not less than 20% of currently disposed edible food is recovered for human consumption by 2025. Reduce GHG emissions related to the manufacture, transport and construction of building materials, together with end of life emissions. 276 Page 6 of 12 Proposed Policy Proposed Implementation Measure(s) Achieve Zero Waste goals for solid waste. Pass all ordinances required by SB 1383 to reduce waste sent to the landfill and recover edible food. Ensure compliance with mandatory composting rules to ensure organics make up less than 9.35% of Dublin waste by 2025. Require food generators above minimum size/revenue thresholds to donate surplus edible food. Implement the City's franchise waste collection agreement. Reduce embodied emissions in the built environment. Adopt a reach code mandating low embodied emissions concrete with specifications for residential and non- residential applications. "Embodied emissions" are emissions of carbon dioxide or other greenhouse gases generated by making and transporting materials to a building site, including mining, refining, and shipping. Table 2. Proposed CAP Municipal Implementation Measures. Theme: Municipal Building Efficiency & Electrification. Target: Construct buildings to enable fiscal responsibility on ongoing electrical operating costs. Proposed Policy Proposed Implementation Measure(s) Include total cost of ownership and life cycle analysis of GHG emissions impacts to RFP language for City Buildings/Infrastructure projects. Develop policy for the City which would require all new building RFP’s to include life cycle costing over 30 years and tie this directly to energy consumption and building electrification. This would include the building’s operational and maintenance costs and ensure that the City has the most cost effective and sustainable building possible. Theme: Municipal Renewable Energy Targets: City facilities use 100% clean energy; 50% of energy is generated on-site by 2030; 100% of critical facilities are functional with off-grid clean energy by 2030. Proposed Policy Proposed Implementation Measure(s) 100% Clean Energy for Municipal Accounts. Opt-up all municipal electricity accounts to 100% renewable power. Please note this is implemented and all energy procured by the City of Dublin is from 100% renewable sources as of July 2019. Install solar arrays at facilities that currently do not have solar arrays and work with emergency services to add solar and battery storage at priority locations. Review options for potential to combine multiple buildings into microgrid systems. Theme: Municipal Sustainable Mobility Targets: Reduce employee commute emissions 10% by 2025 and 20% by 2030. Electrify 10% of city plus contractor fleet by 2025 and 25% by 2030. Proposed Policy Proposed Implementation Measure(s) 277 Page 7 of 12 Reduce Municipal Employee Commute Emissions. Complete a transportation demand management study to determine how to incentivize alternative transportation methods for employees, including telecommute options. Provide bicycles and bicycle storage for employees to use during work hours for short business or personal trips. Electrify Vehicle Fleet and Equipment. Update and implement the City's Green Fleet Policy. Develop and adopt a policy to apply life cycle costing to all new vehicle and equipment purchases. This should include all passenger vehicles as well as larger vehicles such as garbage trucks, busses, etc. This policy could be extended to require long-term contractors to use EVs and give preference to short-term vendors/contractors who have electric/hybrid vehicles. Complete fleet electrification analysis (in process through EBCE). Theme: Municipal Materials Management Target: Green the City's procurement process. Proposed Policy Proposed Implementation Measure(s) Promote awareness of sustainable goods and services. Implement the City’s Environmental Preferable Purchasing Policy. Require Municipal landscapers to maintain Bay-Friendly Landscape trained staff. Update RFP requirements to include minimum number of two Bay Friendly certified professionals for any company responding to landscaping- related City RFPs. Enforce existing Water Efficiency Landscape Ordinance and Bay-Friendly Landscape measures. Enhance Carbon Sequestration Opportunities. Update City Standards to include compost/mulching requirements and standardize minimum tree root volumes. Complete and highlight carbon sequestration/farming pilot project which will be completed in partnership with StopWaste. Require the use of compost-based erosion control BMP’s during and post-construction, including compost socks, berms, and blankets, in permitted and city-owned construction projects. Theme: Resiliency Efforts Proposed Policy Proposed Implementation Measure(s) 278 Page 8 of 12 Implement the Local Hazard Mitigation Plan to mitigate flooding and reduce the urban heat island effect through an urban greening initiative. Develop Urban Greening policies which encourage/require tree planting along roadways, homes, and businesses to increase stormwater capture, reduce the urban heat island effect, increase building energy efficiency and provide carbon sequestration opportunities. Implement the Green Stormwater Infrastructure Plan. Include green stormwater infrastructure in optimal locations to promote infiltration and stormwater management along with complete street designs, carbon sequestration, and habitat development. Implementation of the draft CAP update measures will enable the City of Dublin to reach proposed 2030 GHG emissions reduction targets. As seen in Table 3 below, the biggest impacts can be achieved by opting-up East Bay Community Energy (EBCE) community accounts to 100 percent carbon free energy, followed by increasing community adoption of electric vehicles and electrifying the new and existing building stock. To further achieve reductions in GHG emissions from transportation, a shift away from single occupancy vehicles must occur. Policies and programs to address this transition are quantified but the impact is relatively small as behavior change will take time to realize. A detailed discussion on three of the proposed measures follows the table below. Table 3. 2025 and 2030 GHG Emissions Reduction Projections. Measure 2025 GHG Emissions Reductions MT CO2e) 2030 GHG Emissions Reductions MT CO2e) GHG Emissions Reductions Percentage of 2030 Potential Theme: Building Efficiency & Electrification Building Electrification Ordinance 4,062 4,828 6.1% Electrify Existing Building Stock 4,649 14,529 18.4% Theme: Renewable Energy Opt-up EBCE Community Accounts 35,620 28,182 35.7% Theme: Sustainable Mobility Reduce Parking Requirements 794 1,332 1.7% Bike & Ped Implementation 167 172 0.2% Community EV Adoption Programs 8,320 26,288 33.3% 279 Page 9 of 12 Theme: Materials Management Organic Waste Diversion 3,427 3,615 4.6% Total Emissions Reduction Target 30,177 73,866 Total Measures Reduction Potential 57,039 78,946 POLICY DISCUSSION All-Electric New Construction An all-electric building paired with 100% renewable energy has zero carbon emissions. In contrast, natural gas usage in buildings is one of the largest sources of GHG emissions. In order to start on the path to achieve the goal of carbon neutrality established in EO B-55-18 by 2045, the City of Dublin can adopt an electrification reach code. A reach code is a building code that is equal to or more stringent than what is established by the California building code, is cost effective, and is approved by the California Energy Commission. Reducing and ultimately eliminating natural gas usage in the building sector is an important component of climate mitigation and a critical strategy for the City of Dublin and the State to achieve the goal of Carbon Neutrality by 2045. Since SB 100 requires a 100% clean electric grid by 2045, passing a building electrification ordinance now reach code) that prohibits or disincentivizes natural gas infrastructure, a policy that has been publicly supported by PG&E, is a critical tool for consideration as part of Dublin’s CAP update. Cities across the State are adopting gas bans and all electric reach codes. In Alameda County the following cities are exploring electric reach codes per direction from their City Council with the possibility of implementation in early 2020: Albany, Berkeley, Emeryville, Fremont, Hayward, Livermore, and Oakland. Due to the timing of the release of CalGreen Title 24 codes and the completion of cost effectiveness studies for all electric, no Alameda County cities have yet adopted a reach code. On November 19, 2019 the City Council adopted a Resolution (Attachment 3) which approves amendments to Dublin Municipal Codes to align with provisions required by the California Building Standards Code in the California Code of Regulations, Title 24. The code amendments require higher levels of building energy efficiency effective January 1, 2020 but do not mandate all electric new construction. The City of Dublin can choose to either mandate or encourage all electric new construction by adopting a reach code. As part of the CAP update, Staff proposes amending the City’s construction codes to let builders choose between building more energy efficient buildings with dual fuel (gas and electric) or all electric construction at the minimum level of energy efficiency required per the 2019 Edition of the California building Code. Though not necessary for GHG emission reductions, the City Council can additionally adopt a reach code requiring the installation of battery storage coupled with mandatory solar panel installation. Solar panels with battery storage can enable resiliency in a natural disaster 280 Page 10 of 12 or PSPS event. Zero Greenhouse Gas Emissions from the Electricity Sector by 2022. The City of Dublin passed Resolution 168-16 (Attachment 4) and elected to become a member of EBCE on November 15, 2016. EBCE procures energy that is transmitted to Dublin residents and businesses via PG&E infrastructure. EBCE provides three portfolio options for its customers: Bright Choice which is EBCE’s standard service and is offered at 2% below PG&E’s energy rate; Brilliant 100 which is 100% carbon free and is offered at a rate on par with PG&E’s rate; and Renewable 100 which is 100% renewable and 100% carbon free and is offered at 11.5% more than PG&E’s base rate. The City of Dublin has already opted its municipal accounts to Renewable 100. The City Council could also adopt a resolution to opt up all customers to either Brilliant 100, as the cities of Albany and Hayward have done, or Renewable 100, as the City of Piedmont has done. Opting up to either Brilliant 100 or Renewable 100 has the single largest GHG emissions reduction potential of any action that could be taken in the immediate future. If all energy provided to Dublin businesses and residents was carbon - free, then a reduction of 28,182 MT CO2e could be achieved by 2030 making up 37.4% of total reductions needed. Table 4 below created by EBCE shows monthly cost comparisons between different residential energy options in 2019. As the table shows, for the average resident the increase in cost between Bright Choice and Brilliant 100 is $0.63 per month and $7.56 per year, and for Renewable 100 it is $4.22 more per month and $50.64 more per year. Table 4. EBCE Residential Rate Comparison. Tiered Rate Plan E-1 Residential: E-1 PG&E PG&E Solar Choice 100% Renewable) EBCE Bright Choice EBCE Brilliant 100 100% Carbon-free) EBCE Renewable 100 (100% Renewable) Generation Rates ($/kWh) $0.11757 $0.09436 $0.08537 $0.08713 $0.09713 PG&E Delivery Rates ($/kWh) $0.13094 $0.13094 $0.13094 $0.13094 $0.13094 PG&E PCIA/FF kWh) N/A $0.02979 $0.03044 $0.03044 $0.03044 Total Electricity Costs ($/kWh) $0.24851 $0.25509 $0.24675 $0.24851 $0.25851 Average Monthly Bill* 89.21 $91.58 $88.58 $89.21 $92.80 Monthly Usage: 359 kWh Compliance with SB 1383 Requirements In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived 281 Page 11 of 12 climate pollutants. Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of GHG emissions. SB 1383 establishes targets to achieve a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. The law grants CalRecycle the regulatory authority to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. CalRecycle is currently in the rulemaking process with the goal of releasing final requirements in January 2020. Staff anticipates implementation of SB 1383 will require substantial staff time. CalRecycle’s Standardized Regulatory Impact Assessment of SB 1383-related proposed regulations on decomposition of organic waste in landfills estimates that implementation of all program requirements will cost each resident $17 annually and each business $662 annually. Based on the CalRecycle’s proposed regulations, by January 1, 2022 the City of Dublin must: 1. Adopt an ordinance mandating all residents (including multifamily properties), businesses, and institutions to have trash, recycling, and organics collection, and proper sorting of their waste into each container. 2. Establish an edible food recovery program for large generators that includes securing edible food recovery partners with adequate capacity to collect or receive excess edible food from generators. 3. Provide education and outreach to all generators on program requirements. 4. Procure compost for use in Dublin at levels established on a per capita index. 5. Plan for adequate capacity for recycling organic waste and for edible food recovery. Starting January 1, 2024, the City of Dublin must: 1. Monitor, enforce, and track proper waste sorting and implement escalating fines for non-compliance. 2. Expand edible food recovery program requirements to medium generators. CONCLUSION: Upon receiving City Council feedback this evening, Staff plans to return to the City Council with a final updated CAP in early 2020 for possible adoption. The draft measures proposed for the CAP update address GHG emissions generated from energy, transportation, and waste. If adopted, Staff intends to track measure implementation and associated GHG emissions reductions and report progress publicly on the City’s website. Staff also plans to participate in the Beacon Program administered by the Institute for Local Government. The Beacon Program honors voluntary efforts by local government to reduce GHG emissions, reduce electricity and natural gas in municipal facilities, and implement sustainability best practices. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 282 Page 12 of 12 Staff conducted community outreach to solicit input on priorities for inclusion as part of the Climate Action Plan (CAP) update development. This includ ed a community survey Attachment 5) and outreach at public events to promote the survey. Staff also received input on the draft measure from the CAP Task Force, which was formed by the City Council per Resolution 134-18 (Attachment 6) on December 3, 2018. ATTACHMENTS: 1. Resolution 167-10 Adopting the City of Dublin Climate Action Plan 2. Resolution 177-13 Adopting the City of Dublin Climate Action Plan Update 3. Resolution 122-19 Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code 4. Resolution 168-16 Approving an Agreement to Participate in a Joint Powers Agency for Community Choice Aggregation Program in Alameda County 5. Climate Action Plan Survey Responses 6. Resolution 134-18 Approving the Formation of a Climate Action Plan Task Force 283 Report on California Senate Bill 1383, Short- Lived Climate Pollutants Requirements May 4, 2021 Outline •Why the California legislature adopted SB 1383. •SB 1383 requirements for municipalities. •Dublin’s Implementation Planning. Why SB 1383? –Goal is to reduce methane emissions from landfills, dairies and livestock, and organic waste. –Methane is produced in landfills by the anaerobic decomposition of organic material. –Landfills are responsible for 21% of California’s methane emissions. –Methane is more than 80 times more potent a climate pollutant than carbon dioxide. California Senate Bill (SB) 1383, Short-Lived Climate Pollutants, was adopted in September 2016. SB 1383 Targets SB 1383 2025 Targets: •Achieve a 75% reduction in the level of statewide disposal of organic waste from the 2014 level. •Not less than 20% of currently disposed edible food is redirected from the landfill to food recovery organizations. SB 1383 Requirements Program/Activity Implementation Date Provide Organics Collection Service to All Residents and Businesses January 1, 2022 Establish Edible Food Recovery Program January 1, 2022 Procure Recycled Organic Products & Recycled Content Paper Products January 1, 2022 Keep Records & Report Implementation Efforts January 1, 2022 Enforce Compliance –Jurisdiction •$50 to $500 per violation, depending on severity of violation. January 1, 2024 Enforce Compliance –CalRecycle •$500 per violation up to $10,000 per violation per day January 1, 2024 SB 1383 Major Requirements and Implementation Timeline Provide Organics Collection Service •Organics collection service must be provided to all entities. •Containers must correspond with prescribed labeling & color scheme. •Annual education, outreach, inspection and enforcement required. Establish Edible Food Recovery Program Food waste comprises 18% of organic waste in landfills. Some of that food, if recovered, is edible. Tier 1 Food Generators – January 1, 2022 Tier 2 Food Generators –January 1, 2024 Supermarkets Restaurant with ≥ 250 seats, or total facility size ≥ 5,000 square feet Grocery stores with total facility size ≥ 10,000 square feet Hotel with on-site food facility and ≥ 200 rooms Food service provider Health facility with on-site food facility and ≥100 beds Food distributor A state agency with a cafeteria with ≥ 250 seats or a total cafeteria size ≥ 5,000 square feet Wholesale food vendor A local education agency with an on-site food facility Procurement Requirements •Jurisdictions required to procure recycled organic products equivalent to 0.08 tons per resident, or about 5,000 tons per year. •StopWaste estimates compost procurement costs up to $12 per person, or approximately $800,000 annually for Dublin. •Recycled content paper procurement is also required. Record Keeping & Reporting Recording keeping and reporting requirements include: •Organics collection service levels; •Container monitoring and contaminant minimization programs; •Waivers granted; •Education & outreach programs; •Procurement records; and •Inspection & enforcement records. Enforce Compliance Enforcement Required by January 1, 2024 Jurisdiction $50 to $500 per violation, depending on severity of violation CalRecycle $500 per violation up to $10,000 per violation per day •Jurisdictions must adopt an implementing ordinance prior to January 1, 2022. •Jurisdictions must demonstrate compliance with the prescriptive standard. Dublin’s Implementation Planning •Following rulemaking process since 2016 legislation adopted. •Coordinating with StopWaste. •Request for Proposals for SB 1383 assistance. Conclusion •Comprehensive mandate in SB 1383 to reduce methane reductions from landfills will require significant staffing and funding resources to develop the required programs to implement SB 1383. •SB 1383 contracts, programs, and ordinances will be presented to City Council as they are developed.